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616 STATE OF NEW JERSEY v. KARON ADAMS -- rank: 632

... aggravating factors: three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); five, there is a substantial likelihood defendant is involved in organized criminal activity, N.J.S.A. 2C:44- - 1(a)(5); six, the extent of defendant's prior criminal ... seriousness of the offenses for which he had been convicted, N.J.S.A. 2C:44-1(a)(6); and A-0227-22 4 nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court did not list any mitigating factors ... the willingness of defendant to cooperate with law enforcement authorities, N.J.S.A. 2C:44- 1(b)(12) at sentencing, but did not list it on ... commission of the offenses for which sentence shall be imposed. N.J.S.A. 2C:44-1(b)(14).3 Thus, there was no statutory mitigating ...

docket:	a0227-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-19
status:	Unpublished
citation:
Document Size:	32957

617 STATE OF NEW JERSEY v. QUAMEIR T. WATERS -- rank: 632

... further contends the trial court improperly applied aggravating factor two, N.J.S.A. 2C:44-1(a)(2), the gravity and seriousness of harm inflicted upon the victim, while failing to apply mitigating factor four, N.J.S.A. 2C:44-1(b)(4), that there were grounds tending to excuse or ... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it "may impose a term within ... aggravating factors: (1) the risk of re-offense (factor three), N.J.S.A. 2C:44-1(a)(3); (2) the extent of defendant's prior criminal record and the severity of those offenses (factor six), N.J.S.A. 2C:44-1(a)(6); and (3) the need for deterrence (factor nine), N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. The ...

docket:	a5382-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-21
status:	unpublished
citation:
Document Size:	51887

618 STATE OF NEW JERSEY v. EDWIN URBINA -- rank: 629

... considered defendant's juvenile record, and finding aggravating factors under N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense), and N.J.S.A. 2C:44-1(a)(9) (need to deter), and no mitigating factors, sentenced ... to consider such mitigating factors as defendant's youth under N.J.S.A. 2C:44-1(b)(13); provocation, N.J.S.A. 2C:44-1(b)(3); and substantial grounds which tended to excuse or ... justify defendant's conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4). Defendant argues he is entitled to a remand ...

docket:	a1761-11
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	84075

619 STATE OF NEW JERSEY v. LEMONT O. LOVE -- rank: 629

... It found the aggravating factors outweighed mitigating factor eleven. See N.J.S.A. 2C:44-1. Defendant argues that it was improper to find that "[t ... others merely as part of the cost of doing business[.]" N.J.S.A. 2C:44-1(a)(11). Aggravating factor eleven is inapplicable "'unless the sentencing ... for the third-degree and disorderly-persons offenses here. See N.J.S.A. 2C:44-1(d), (e); see Cannel, New Jersey Criminal Code Annotated , comment 8 on N.J.S.A. 2C:44-1 (2014). Defendant also notes he was acquitted of possession with ...

docket:	a3336-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-08
status:	unpublished
citation:
Document Size:	61813

620 STATE OF NEW JERSEY v. KEVIN MCGUIRE -- rank: 629

... aside the plea agreement. The court found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The court also found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no history of prior delinquency or criminal activity); eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances unlikely to recur); and nine, N.J.S.A. 2C:44-1(b)(9) (character and attitude of defendant indicate that he ... a base term for a third-degree offense pursuant to N.J.S.A. 2C:44-1(f)(2), with a mandatory minimum term for the second ... a base term appropriate for third-degree offenses, pursuant to N.J.S.A. 2C:44-1(f)(2), with a one-year minimum term pursuant ...

docket:	a5138-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-22
status:	unpublished
citation:
Document Size:	35843

621 STATE OF NEW JERSEY v. RAHYIM WASHINGTON -- rank: 629

... in finding aggravating factor three, the risk defendant will reoffend, N.J.S.A. 2C:44-1(a)(3); and (3) the judge erred in applying the ... indicate that the defendant is unlikely to commit another offense,' N.J.S.A. 2C:44-1(b)(9)—did not apply. Defendant cites no authority ... sentencing contexts, and specifically the presumption of imprisonment codified in N.J.S.A. 2C:44-1(d), our Supreme Court has made clear that the 'serious ...

docket:	a2522-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-18
status:	Unpublished
citation:
Document Size:	35945

622 STATE OF NEW JERSEY v. H.S -- rank: 629

... 364-65). Here, the sentencing judge found aggravating factors one, N.J.S.A. 2C:44- 1(a)(1) (nature and circumstances of the offense); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of the harm inflicted on the victim); three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); four ... of trust or confidence to commit the offense); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The judge also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no prior history of delinquency or ...

docket:	a1785-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-05
status:	Unpublished
citation:
Document Size:	50818

623 STATE OF NEW JERSEY v. SAHIL KULGOD -- rank: 629

... aggravating factor nine (the need to deter defendant and others), N.J.S.A. 2C:44-1(a)(9), and mitigating factors seven (defendant's lack of ... and attitude indicate he is unlikely to commit another offense), N.J.S.A. 2C:44- 1(b)(7) and (9). The judge found that aggravating factor ... nine. The judge rejected mitigating factors two, four, and eight, N.J.S.A. 2C:44- 1(b)(2), (4) and (8). As to mitigating factors two ... of age at the time of commission of the offense), N.J.S.A. 2C:44-1(b)(14), must be applied since defendant was twenty-one ... degree offense one degree lower for sentencing purposes pursuant to N.J.S.A. 2C:44-1(f)(2). Defendant received a four-year NERA term, one ... a sentencing downgrade in certain limited circumstances. To that end, N.J.S.A. 2C:44-1(f)(2) provides: In cases of convictions for crimes ...

docket:	a2151-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-04
status:	Unpublished
citation:
Document Size:	35840

624 STATE OF NEW JERSEY v. MICHAEL M. WINTERS -- rank: 629

... facts he relied upon in finding aggravating factors specified in N.J.S.A. 2C:44-1(a)(3), (6) and (9), and mitigating factors specified in N.J.S.A. 2C:44-1(b)(2), (4) and (8). The court did not find ... he defendant's conduct neither caused nor threatened serious harm," N.J.S.A. 2C:44-1(b)(1), and explained that "[a]nytime a person is ... contemplate that his conduct would cause of threaten serious harm." N.J.S.A. 2C:44-1(b)(1). The trial court's consideration of the aggravating ...

docket:	a2111-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-03
status:	unpublished
citation:
Document Size:	38359

625 /usr/local/share/www/libweb/collections/courts/supreme/a1761-11.opn.html -- rank: 629

... considered defendant's juvenile record, and finding aggravating factors under N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense), and N.J.S.A. 2C:44-1(a)(9) (need to deter), and no mitigating factors, sentenced ... to consider such mitigating factors as defendant's youth under N.J.S.A. 2C:44-1(b)(13); provocation, N.J.S.A. 2C:44-1(b)(3); and substantial grounds which tended to excuse or ... justify defendant's conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4). Defendant argues he is entitled to a remand ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	83918

626 STATE OF NEW JERSEY v. RAHEEM JONES -- rank: 629

... then found aggravating factors one, three, six, and nine. See N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense and whether ... credible evidence in the record. He found no mitigating factors. N.J.S.A. 2C:44-1(b). The judge then noted, [e]ven were this [defendant ...

docket:	a5394-15
court:	NJ Superior Court Appellate Division
decided:	2018-12-14
status:	Unpublished
citation:
Document Size:	37817

627 STATE OF NEW JERSEY v. RAHEEM A. CURRIE -- rank: 629

... nine, 5 'a need for general deterrence for the 4 N.J.S.A. 2C:44-1(a)(3). 5 N.J.S.A. 2C:44-1(a)(9). A-2068-16T2 18 community,' the trial court ... grounds tending to excuse or justify defendant's conduct, 6 N.J.S.A. 2C:44-1(b)(8), (13). 7 N.J.S.A. 2C:44-1(b)(2). 8 N.J.S.A. 2C:44-1(b)(3). 9 N.J.S.A. 2C:44-1(b)(4). A-2068-16T2 19 because 'it just ...

docket:	a2068-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-06
status:	Unpublished
citation:
Document Size:	36239

628 STATE OF NEW JERSEY v. S.D.M -- rank: 629

... s family supported him. The court found aggravating factors: three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit another offense'); six, N.J.S.A. 2C:44- 1(a)(6) ('[t]he extent of the defendant's prior ... the offenses of which he has been convicted'); and nine, N.J.S.A. 2C:44- - 1(a)(9) ('[t]he need for deterring the defendant and ... from violating the law'). The court found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior ...

docket:	a5483-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-20
status:	Unpublished
citation:
Document Size:	22420

629 STATE OF NEW JERSEY v. DERRICK K. PARRISH -- rank: 627

... In sentencing defendant, the trial judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk defendant will commit another offense. The ... defendant's numerous convictions, the judge applied aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the nature and extent of defendant's prior ... 43-6(f). The judge also found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence. The judge gave "some weight" to mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), due to the fact defendant had young children ...

docket:	a3343-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-24
status:	unpublished
citation:
Document Size:	47406

630 STATE OF NEW JERSEY v. RAHEEM PAMPLIN -- rank: 627

... seriousness of his offense, and (9) the need to deter. N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge found no mitigating factors. N.J.S.A. 2C:44-1(b). This appeal followed. Before us, defendant raises the following ... that his conduct did not cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(1), and that he did not contemplate that his ... was only in possession of a small quantity of CDS, N.J.S.A. 2C:44-1(b)(2). Defendant also asserts the trial judge should have given him credit for cooperating with law enforcement authorities, N.J.S.A. 2C:44-1(b)(12), because he was willing to plead guilty on ... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A. ] 2C:44-1(a) and (b)." Ibid. In establishing an appropriate sentence, " ...

docket:	a1582-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-22
status:	unpublished
citation:
Document Size:	33954